Yei River Phase I Agreement

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Country/entity: South Sudan
Region: Africa (excl MENA)
Agreement name: Yei River Phase I Agreement
Date: 6 Jun 2017
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/local conflict
Sudan Conflicts (1955 - )
Agreements relate to several distinct dyads, and also the negotiated independence of South Sudan, and subsequent internal conflict in South Sudan. Sudan-South Sudan. The long-standing conflict between the north and the south of the country dates back to colonial times, where the British introduced a so-called ‘Southern Policy’, severely hampering population movements between these big regions. Immediately after gaining independence in 1956, southern movements started to fight for independence; this fight became professionalised in 1983 with the foundation of the soon internationally supported Sudan People’s Liberation Army (SPLA). When the Islamic Front government introduced strict sharia laws in the south after it took over power in 1988 the war intensified. A decade later, the military situation reached a stalemate, enabling internationally facilitated peace negotiations to begin in 1997. After more fighting, a final negotiation push began in 2002, leading to the signing of the Comprehensive Peace Areement (CPA) in January 2005.

Sudan-South Sudan post referendum. South Sudan became independent in July 2011; since then, relations between the two countries are complicated and violent conflict led by the SPLM (North) in the Sudanese Nuba mountains region has since intensified.

Darfur. Other long-standing violent conflicts are in the east and the west of the country. In the east, the Beja Congress, established in 1957, is the spearhead of a currently ‘peaceful’ opposition movement. In the west, the violent conflict in Darfur intensified in the early 2000s and rapidly gained international attention, even resulting in genocide charges against leading figures of the Sudanese government. The situation on the ground is complex, with over a dozen organisations (most notably the Sudanese Liberation Movement and the Justice and Equality Movement) fighting the Sudanese government and allied groups like the Janjaweed – although all parties have switched sides on numerous occasions. Several mediation attempts have not been successful, due to the shaky commitment of the Sudanese central government and the distrust among the armed opposition.

South Sudan - internal
In December 2013, after president Salva Kiir accused opposition leader Riek Machar of attempting a coup, violent conflict broke out between government forces of the SPLM/A and anti-governmental groups. In addition, several other political militias as well as communal militias have joined the conflict. In 2015 the Agreement on the Resolution of the Conflict in South Sudan (ARCSS) was signed. Due to unsuccessful implementation the agreement was revitalized in 2018. In September 2019, Kiir and Machar agreed to establish a power-sharing government after struggles on forming a unity transitional government.
Stage: Framework/substantive - partial
Conflict nature: Inter-group
Peace process: South Sudan: Post-secession Local agreements
Parties: Representing the Yei River State government and the Republic of South Sudan, the Commissioners of the Yei River State:

Hon. Richard Remo Sore, Morobo
Hon. Denis LaSuba Paul,Yei River County
Hon. Martin Izzy Simon, Lujulo

Representing the Armed Opposition, Equatorians who have rebelled against the Government of Yei River State and South Sudan at large:

Colonel John Data Taban
Colonel Justin Guya Losu
Major Baiga Isaac Mokili
Major Ada Aloro Amule
Major Scopas Tabu Taban
Major Wani James Moro
Major Buga Moses Dada
Captain Dara Peter Lokolo
2nd Lt. Mctre John D.
2nd Lt. Bosco Ayume Wani
Private Peter Moses
C.P Charles Mawa Rube
Taban Charles Wani-Field Coordinator
Third parties: Elders of Koboko Uganda:

Elder George Amber
Amule Muzamil

The Evangelical Presbyterian Church Representative:
Most Rev. Bishop Elias Taban
Pastor Michael Alias
Rev. Mama Anngrace Asha Taba
Description: A short agreement which calls for equality for all South Sudanese citizens and an end to arbitrary arrest and violence by the SPLA. It broadly supports local efforts supporting conditions for the grassroots South Sudan peace initiatives and national dialogue, between local opposition forces and the government. The provisions also address: equal conditions for Sudanese reintegration of SPLA-IO fighters into local communities alongside SPLA forces, cessation of hostile propaganda, equal rights and free movement for all South Sudanese people and safely monitored assembly areas for former fighters.

Agreement document: SS_170606_ Yei River Phase I Agreement.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Rhetorical
Page 1, Preamble, ... Driven by our deep commitment and concern to end the suffering of our citizen in Yei River State and the tragic conditions facing thousands of our people in refugee camps in Uganda, Congo and the Internal Displaced persons

Page 2, DEMANDS EXPRESSED BY THE ARMED OPPOSITION LEADERS:, 2. Grabbed land to be returned to rightful owners through legal procedures.

Page 3, RESOLUTIONS OF PHASE I DISCUSSIONS, 3. The opposition committed to facilitate the free movement of South Sudanese people and their properties from Uganda boarder of Kaya to Yei the capital of Yei River State.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 2, DEMANDS EXPRESSED BY THE ARMED OPPOSITION LEADERS:, 1. Equality for all citizens of South Sudan

Page 2, DEMANDS EXPRESSED BY THE ARMED OPPOSITION LEADERS:, 5. Promotion of unity through fair and balanced representation of regions in all government sectors.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Other
Page 3, RESOLUTIONS OF PHASE I DISCUSSIONS, 2. The elders of Uganda and the Evangelical Presbyterian Church (EPC) representatives called for an immediate cessation of all hostile propaganda amongst the warring parties and urged the parties to create an atmosphere conducive to dialogue, reconciliation and peace.
Mobility/access: Page 3, RESOLUTIONS OF PHASE I DISCUSSIONS, 3. The opposition committed to facilitate the free movement of South Sudanese people and their properties from Uganda boarder of Kaya to Yei the capital of Yei River State.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1, Preamble, ... Committed to the National Dialogue and mindful to end the conflict to create an atmosphere for Socio-economic Development
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Land reform and management
Page 2, DEMANDS EXPRESSED BY THE ARMED OPPOSITION LEADERS:, 2. Grabbed land to be returned to rightful owners through legal procedures.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: Land, property and environment→Cultural heritage→Promotion
Page 1, Preamble, ... Conscious of our cultural values of solidarity, cooperation and peace loving people of Yei River State
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 3, RESOLUTIONS OF PHASE I DISCUSSIONS, 3. The mediators offered to provide GPS to be employed in the area of the assembling point to assure monitoring of security both nationally and internationally.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 2, DEMANDS EXPRESSED BY THE ARMED OPPOSITION LEADERS:, 3. Mathiang Anyor army to be replaced by professional army from all the areas of Yei River State
DDR: Security sector→DDR→DDR programmes
Page 2, DEMANDS EXPRESSED BY THE ARMED OPPOSITION LEADERS:, 4. First Vice President Taban Deng is requested to take his Nuer fighters out of the land of Yei.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 3, RESOLUTIONS OF PHASE I DISCUSSIONS, 3. The opposition committed to facilitate the free movement of South Sudanese people and their properties from Uganda boarder of Kaya to Yei the capital of Yei River State.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 3, RESOLUTIONS OF PHASE I DISCUSSIONS, 2. The elders of Uganda and the Evangelical Presbyterian Church (EPC) representatives called for an immediate cessation of all hostile propaganda amongst the warring parties and urged the parties to create an atmosphere conducive to dialogue, reconciliation and peace.

Implementation

UN signatory: No specific mention.
Other international signatory: Elders of Koboko Uganda:

Elder George Amber
Amule Muzamil
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: https://www.southsudannow.com/about-grassroots-peace#:~:text=South%20Sudan%20Grassroots%20Peace%20Initiative&text=On%20June%204%2C%202017%2C%20a,%2DIO)%20Yei%20River%20State.

https://www.voanews.com/archive/cease-fire-effect-south-sudans-war-torn-yei-river-state

http://www.smallarmssurveysudan.org/fileadmin/docs/briefing-papers/HSBA-BP-Mathiang-Anyoor.pdf

PHASE I AGREEMENT

THE PREAMBLE

We, the Parties to the Yei River State Grassroots peace Initiatives, the people of Yei River State, the Elders, the Chiefs, the Intellectuals, the Women, the Disable, the Youth and the Students;

Driven by our deep commitment and concern to end the suffering of our citizen in Yei River State and the tragic conditions facing thousands of our people in refugee camps in Uganda, Congo and the Internal Displaced persons;

Committed to the National Dialogue and mindful to end the conflict to create an atmosphere for Socio-economic Development;

Conscious of our cultural values of solidarity, cooperation and peace loving people of Yei River State;

Motivated by the courageous decision of the President of the Republic of South Sudan on the need to promote grassroots dialogue for peace and Stability;

And appreciating the initiative on the mediation role of the Evangelical Presbyterian Church (EPC) and partners with inspirational spiritual guidance as reflected in 2Corinth 5:18-20;

Therefore, in the spirit of Peace, Unity, Tranquility and Stability in Yei River State, and in the Spirit of the cordial negotiations with the parties to reach to this agreement on the Yei River States Peace Initiatives;

do hereby commit to sign this Agreement in Letter and Spirit for implementation.

Background & Introduction

The Grassroots initiative to promote the National Dialogue in Yei River State in particular and South Sudan in general followed the declaration of the National Dialogue on 14th December 2016 by the President of the Republic of South Sudan I-I.E. Salva Kiir Mayardit and on the 7th February 2017 when H.E. the President visited Yei River State and declared the National Dialogue at Yei Freedom Square.

This declaration was preceded by the State Governor's call to action of

2. Lack of promotion of Equatorian sons and daughters who joined the SPLA since late 80's and yet their colleagues from other regions enjoy higher ranks.

3. Unfair treatment of Equatorians in the army and regular forces is highly carried out and practiced by the ruling party.

For instance, a Dinka army officer could cross to Uganda and spent2 t03 days and upon return, no consequences for the act but when it is an Equatorian, the punishment is severe.

4. Land grabbing in Equatorial region created anger.

5. Use of force by the SPLA army for personal gain and the use of the phrase "we liberated Equatorial region".

6. Young ladies who are in schools are taken and married by force and when parents try to intervene, they are jailed, threatened to abide or face death consequences.

Typical example was expressed by Col.

John 'Data whose sister was married to a Dinka army man.

Upon separation, the Dinka man took the children and violently requested back the dowry.

The whole village was subjected to return the dowry to the arrogant behavior of the in- law to avoid loss of life.

7. Arbitrary arrest and killing of innocent people like the pastor of Morobo.

8. No Equatorian senior army personnel in the respective areas or local.

Offices in area Kaya are led by Dinka and Dinka language is used most of the time in the offices

9. No equal treatment.

An Equatorian is regarded a second or third class citizen and or leveled a Ugandan or a Congolese.

10. Destruction of churches, looting of people's properties and particularly removal of iron sheets.

DEMANDS EXPRESSED BY THE ARMED OPPOSITION LEADERS:

1. Equality for all citizens of South Sudan.

2. Grabbed land to be returned to rightful owners through legal procedures.

3. Mathiang Anyor army to be re-placed by professional army from all the areas of Yei River State

4. First Vice President Taban Deng is requested to take his Nuer fighters out of the land of Yei.

5. Promotion of unity through fair and balance representation of regions in all government sectors.

RESOLUTIONS OF PHASE I DISCUSSIONS

1. Through the attendance of the three days historic grassroots meeting, the sons and daughters of Yei River State resolved to put an end to armed conflict and to reconcile all differences through dialogue and peaceful means.

2. The elders of Uganda and the Evangelical Presbyterian Church (EPC) representatives called for an immediate cessation of all hostile propaganda amongst the warring parties and urged the parties to create an atmosphere conducive to dialogue, reconciliation and peace.

3. The opposition committed to facilitate the free movement of South Sudanese people and their properties from Uganda boarder of Kaya to Yei the capital of State Yei River State.

4. The mediators offered to provide GPS to be employed in the area of the assembling point to assure monitoring of security both nationally and internationally.

5. Kendilla Primary School which is five miles Morobo—Kajo Keji Road is named the assembling point.

6. A team to be led by Col.

John 'Data to visit Yei River State within a week's time as a gesture of commitment to dialogue and to assure the government of Yei River State that they are for peace.

7. The Commissioners of Yei River State,Opposition leaders who have taken arms against the government of Yei River State and South Sudan at large hereby re-affirm their commitment to pursue the message of the President of the Republic of South Sudan on the commencement of national dialogue.

8. The participants agreed and resolved that never again will Yei River State suffer the tragedy of the recent past.

Below are the names and Signatures of the warring parties, the Evangelical Pres-byterian Church and the elders from Uganda who bore witness:

The Commissioners of Yei River State

1. Hon.

Richard Remo Sore, Morobo

2. Hon.

Denis LaSuba Paul,Yei River County

3. Hon.

Martin Izzy Simon, Lujulo

4. Hon.

Anthony Ande Wani,Otogo

Equatorians who have rebelled against the Government of Yei River State and South Sudan at Large

1. Colonel John Data Taban

2. Colonel Justin Guya Losu

3. Major Baiga Isaac Mokili

4. Major Ada Aloro Amule

5. Major Scopas Tabu Taban

6. Major Wani James Moro

7. Major Buga Moses Dada

8. Captain Dara Peter Lokolo

9. 2nd Lt.

Mctre John D.

10. 2nd Lt.

Bosco Ayume Wani

11. Private Peter Moses

12. C.P Charles Mawa Rube

13. Taban Charles Wani—Field Coordinator

Elders of Koboko Uganda

1. Elder George Amber

2. Amule Muzamil

The Evangelical Presbyterian Church Representative

1. Most Rev. Bishop Elias Taban

2. Pastor Michael Alias

3. Rev. Mama Anngrace Asha Taba

PHASE I l (A) AGREEMENT

Opening with prayers

Phase Il convened following the visit of Col.

John Data and four members of the armed opposition to Yei the capital of Yei River State as a sign of commitment to Dialogue and Peace.

Col.

John Data was received with jubilation by members of EPC as well as warm reception by the Governor of Yei River State, his cabinet, the leadership of Transitional State Legislative Assembly and the County Commissioners of Yei River State.

Additionally, Phase Il followed a formal authorization for its roll out by the President of the Republic, H.E Salva Kiir Mayardit.

The phase Il grass-root initiative to promote the National Dialogue in Yei River State and South Sudan kicked off in Kampala, Uganda on April 25th — April 29, 2017 and was attended by County Commissioners of Yei River State who represented their respective Counties and the Government of Yei River State,